Recognition and financial aid for educational institutions must align with equitable staff employment and ensure compliance with established legal conditions for staff remuneration.

JUDGMENT :

Partha Sarathi Chatterjee, J.:-

Preface :

1. By filing the present writ petition, the petitioners pray for the issuance of an appropriate order, direction, or writ, more particularly a writ in the nature of mandamus, commanding the concerned respondents to approve the appointment of petitioner nos. 1 to 4 as teaching staff and petitioner no. 5 as non-teaching staff, with effect from 01.01.2021, being the date on which financial aid was granted to Lakshman Chandra Jageswar 4-Class Junior High School (hereinafter referred to as "the School"), followed by the grant of recognition to the said School. Additionally, the petitioners pray for a directive to the respondents to release the salary of the petitioners and arrears of salary w.e.f. 01.01.2021.

2. Before addressing the issues raised in the present writ petition, it would be appropriate to advert to the essential facts, as reflected in the writ petition and its annexures, which led to its institution. Those essential facts are as follows:

i) Petitioner nos. 1 to 4, having the requisite qualifications for appointment as Assistant Teachers, and petitioner no. 5, similarly qualified for a non-teaching staff position, were appointed at the school prior to the inspection conducted by the District Level Inspection Team (hereinafter referred to as "DLIT") on 22.07.2013.

ii) The report submitted by the District Level Inspection Team (DLIT) acknowledged that the petitioners were working in the school in their respective positions, and accordingly, the report included the names of all the petitioners.

iii) Based on the DLIT's report and in compliance with the order dated 15.07.2013 passed by a Coordinate Bench in CPAN 579 of 2013 (arising out of W.P. No. 8141 (W) of 2004), recognition was granted to the School as a 4-class Junior High School (covering Classes VI to VIII), without financial aid, with effect from 01.01.2013, subject to fulfilment of 14 numbers of terms and conditions, as would be evident from the communication issued by the Secretary, West Bengal Board of Secondary Education (hereinafter referred to as "the Board") dated 05.09.2013, addressed to the Secretary of the School.

iv) The issue of granting recognition without financial aid was initially raised by the Managing Committee of the school in Writ Petition No. 32821 (W) of 2013, which was dismissed. The matter eventually reached the Hon'ble Division Bench in an intra-court Appeal FMA 1136 of 2017. The Hon'ble Bench, while disposing of the appeal, expressed the opinion that the school was entitled to financial aid as a consequence of its recognition, subject to compliance with the fourteen conditions mentioned earlier. The Bench ultimately directed the State to grant financial aid to the school; however, the quantum of financial aid and the terms and conditions governing its disbursement were left to be decided the State.

v) The record reveals that an application seeking review of the order dated 17th April, 2019, passed in the said appeal, was filed. While pressing the review application, the school authorities contended that, in the absence of financial aid, it was virtually impossible to fulfil the stipulated conditions, particularly those requiring payment of the prescribed pay scales and allowances to the teaching and non-teaching staff, as well as the provision of retirement benefits in accordance with the Death-cum-Retirement Benefit Scheme.

vi) The Hon'ble Bench clarified that these conditions have to be scrupulously complied with upon receipt of financial aid by the school. However, proper utilization of the fun